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New York State Legislature

Bicameral legislature of New York State


Bicameral legislature of New York State

FieldValue
nameNew York State Legislature
coa-picSeal_of_New_York_(state).svg
coa_captionGreat Seal of the State of New York
house_typeBicameral
housesSenate
Assembly
preceded_byGeneral Assembly of New York
leader1_typePresident of the Senate
leader1Antonio Delgado
party1(D)
election1May 25, 2022
leader2_typeTemporary President of the Senate
leader2Andrea Stewart-Cousins
party2(D)
election2January 2, 2019
leader3_typeSpeaker of the Assembly
leader3Carl Heastie
party3(D)
election3February 3, 2015
members213
salary$142,000/year + per diem
structure1New York State Senate.svg
structure1_res250
structure2New York State Assembly.svg
structure2_res250
* {{Color box#0B24FBborderdarkgray}} Democratic (41)
* {{Color box#FC0D1Bborderdarkgray}} Republican (22)
* {{Color box#0B24FBborderdarkgray}} Democratic (102)
* {{Color box#FC0D1Bborderdarkgray}} Republican (48)
last_election1[November 8, 2022](2022-new-york-state-elections)
next_election1[November 3, 2026](2026-new-york-state-assembly-election)
session_roomNYSCapitolPanorama.jpg
meeting_placeNew York State Capitol
Albany
website

| coa-pic = Seal_of_New_York_(state).svg Assembly Majority caucus

  • Democratic (41) Minority caucus
  • Republican (22) Majority caucus
  • Democratic (102) Minority caucus
  • Republican (48) Albany

The New York State Legislature consists of the two houses that act as the state legislature of the U.S. state of New York: the New York State Senate and the New York State Assembly. The Constitution of New York does not designate an official term for the two houses together; it says only that the state's legislative power "shall be vested in the senate and assembly". Session laws passed by the Legislature are published in the official Laws of New York. Permanent New York laws of a general nature are codified in the Consolidated Laws of New York. , the Democratic Party holds majorities in both houses of the New York State Legislature, which is the highest paid state legislature in the country.

Legislative elections are held in November of every even-numbered year. Both Assembly members and Senators serve two-year terms.

In order to be a member of either house, one must be a citizen of the United States, a resident of the state of New York for at least five years, and a resident of the district for at least one year prior to election.

The Assembly consists of 150 members; they are each chosen from a single-member district. The New York Constitution allows the number of Senate seats to vary; , the Senate had 63 seats.

Leaders

The Assembly is headed by the speaker, while the Senate is headed by the president, a post held ex officio by the state lieutenant governor. the lieutenant governor, as president of the Senate, has only a tie-breaking "casting vote". More often, the Senate is presided over by the temporary president, or by a senator of the majority leader's choosing.

The assembly speaker and Senate majority leader control the assignment of committees and leadership positions, along with control of the agenda in their chambers. The two are considered powerful statewide leaders and along with the governor of New York control most of the agenda of state business in New York.

Drafting and research

The Legislative Bill Drafting Commission (LBDC) aids in drafting legislation; advises as to the constitutionality, consistency or effect of proposed legislation; conducts research; and publishes and maintains the documents of the Legislature, such as the Laws of New York. The LBDC consists of two commissioners, the commissioner for administration and the commissioner for operations, each appointed jointly by the temporary president of the Senate and the speaker of the Assembly.

Party control

In the 2018 elections, Democrats won control of the State Senate and increased their majority in the State Assembly. At the beginning of the 2019–2020 legislative session, the Senate Democratic Conference held 39 of the chamber's 63 seats and the Assembly Democratic Conference held 106 of the 150 seats in that chamber. The Senate Democratic Conference increased to 40 seats after Democratic senator Simcha Felder was re-accepted into the Conference.

Constitutional powers

The Legislature is empowered to make law, subject to the governor's power to veto a bill. However, the veto may be overridden by the Legislature if there is a two-thirds vote in favor of overriding in each House. Furthermore, it has the power to propose New York Constitution amendments by a majority vote, and then another majority vote following an election. If so proposed, the amendment becomes valid if agreed to by the voters at a referendum.

History

The legislature originated in the revolutionary New York Provincial Congress, assembled by rebels when the New York General Assembly would not send delegates to the Continental Congress.

The New York State Legislature has had several corruption scandals during its existence. These include the Black Horse Cavalry and Canal Ring.

In the 1840s, New York launched the first great wave of civil procedure reform in the United States by enacting the Field Code. The Code inspired the enactment of similar codes in 26 other states, and gave birth to the term "code pleading" for the system of civil procedure it created.

The first African-American elected to the legislature was Edward A. Johnson, a Republican, in 1917. The first women elected to the legislature were Republican Ida Sammis and Democrat Mary Lilly, both in 1919. The first African-American woman elected to the legislature was Bessie A. Buchanan in 1955.

Five assemblymen were expelled in 1920 for belonging to the Socialist Party.{{cite web

In 2008, when the U.S. Supreme Court reluctantly affirmed the constitutionality of a statute enacted by the New York legislature, Justice John Paul Stevens wrote in a concurring opinion: "[A]s I recall my esteemed former colleague, Thurgood Marshall, remarking on numerous occasions: 'The Constitution does not prohibit legislatures from enacting stupid laws.

There is said to be a compact to which members of the New York Legislature unofficially adhere a code of silence regarding behavior such as illicit extramarital affairs or other embarrassing behavior.

Since January 1, 2025, lawmakers are subject to a limit on outside income set to $35,000. Republican members of both chambers were expected to be majorly impacted by the rule and sued to block it, but New York Supreme Court justice Alison Napolitano upheld the limit. It is unclear how the rule will be enforced, roughly 26 assemblymembers and 12 senators would likely have to resign or forfeit their outside income to remain in office.

Legislative leadership

New York State Senate

  • President of the Senate: Antonio Delgado
  • Majority leader: Andrea Stewart-Cousins
  • Minority leader: Rob Ortt

New York State Assembly

  • Speaker of the Assembly: Carl Heastie
  • Majority leader of the Assembly: Crystal Peoples-Stokes
  • Minority leader of the Assembly: William A. Barclay

References

References

  1. "New York State Constitution".
  2. (2004). "Gibson's New York Legal Research Guide". Wm. S. Hein Publishing.
  3. Warren, Olivia A.. (June 23, 2008). "A House Divided in Washington Heights".
  4. (September 10, 2018). "Everything You Need to Know About New York's Primary Election on Thursday".
  5. "New York State Constitution".
  6. McKinley, Jesse. (24 February 2014). "What Is a Majority Vote in the State Senate? The Answer Goes Beyond Simple Math". [[The New York Times]].
  7. (2009-03-25). "Branches of Government in New York State".
  8. Legislative Law § 25
  9. Kallos, Ben. (9 June 2014). "Set the Law Free, Say Council Members Lander, Vacca, Kallos: Legislation to Put Law Online for Free Instead of Behind Paid Subscriptions".
  10. Legislative Law § 24
  11. Campbell, Jon. (Jan 9, 2019). "History made: Andrea Stewart-Cousins sworn in as NY Senate leader".
  12. (January 9, 2019). "Democrat-controlled NY state Legislature starts 2019 session".
  13. Reisman, Nick. (July 1, 2019). "Felder Joins Senate Dem Fold".
  14. Archdeacon, Thomas J.. (1978). "The Erie Canal Ring, Samuel J. Tilden, and the Democratic Party". New York History.
  15. Giroux, Gary. (2013-07-12). "Business Scandals, Corruption, and Reform: An Encyclopedia [2 volumes]: An Encyclopedia". ABC-CLIO.
  16. (1897). "The Historical Development of Code Pleading in America and England". W.H. Anderson & Co..
  17. "Edward A. Johnson (Edward Austin), 1860-1944".
  18. "Early Women Elected to the NYS Legislature".
  19. (1996). "Notable Black American Women". Gale Research Inc.
  20. ''[https://supreme.justia.com/cases/federal/us/552/196/ New York State Bd. of Elections v. Lopez Torres]'', 552 U.S. 196, 209 (2008) (Stevens, J., concurring).
  21. Baker, Al. (May 16, 2004). "Albany Faces Its Sex Problem, and Nobody's Snickering". The New York Times.
  22. Aprey, Jack. (March 19, 2025). "State Supreme Court ruling upholds outside income limit for New York lawmakers".
  23. Lyons, Brendon. (March 18, 2025). "'Chaos' after judge upholds law limiting outside income for NY lawmakers".
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